wa-law.org > bill > 2025-26 > SB 5416 > Original Bill
It shall be the policy of the state of Washington to:
Recognize the family as the most important social and economic unit of society and support the central role parents play in child rearing. All parents are encouraged to care for and nurture their children through the traditional methods of parental care at home. The availability of quality, affordable child care is a concern for working parents, the costs of care are often beyond the resources of working parents, and child care facilities are not located conveniently to workplaces and neighborhoods. Parents are encouraged to participate fully in the effort to improve the quality of child care services;
Promote a variety of culturally and developmentally appropriate child care settings and services of the highest possible quality in accordance with the basic principle of continuity of care. These settings shall include, but not be limited to, family day care homes, outdoor nature-based child care, centers, and schools;
Promote the growth, development and safety of children by working with community groups including providers and parents to establish standards for quality service, training of child care providers, fair and equitable monitoring, and salary levels commensurate with provider responsibilities and support services;
Promote equal access to quality, affordable, socio-economically integrated child care for all children and families;
Facilitate broad community and private sector involvement in the provision of quality child care services to foster economic development and assist industry through the department; and
Ensure consistent, equitable, fair, and collaborative licensing enforcements to protect the health and safety of children while promoting discussion and cooperation between licensors and child care providers.
In addition to other duties under this chapter, the secretary shall actively participate in a nongovernmental private-public partnership focused on supporting government's investments in early learning and ensuring that every child in the state is prepared to succeed in school and in life. Except for licensing as required by Washington state law and to the extent permitted by federal law, the secretary shall grant waivers from the rules of state agencies for the operation of early learning programs requested by the nongovernmental private-public partnership to allow for flexibility to pursue market-based approaches to achieving the best outcomes for children and families.
In addition to other powers granted to the secretary, the secretary may:
Enter into contracts on behalf of the department to carry out the purposes of this chapter;
Accept gifts, grants, or other funds for the purposes of this chapter; and
Adopt, in accordance with chapter 34.05 RCW, rules necessary to implement this chapter, including rules governing child care and early learning programs under this chapter. Rules governing child care licensing must be limited to protecting the health and safety of children and must be in accordance with RCW 43.216.250. This section does not expand the rule-making authority of the secretary beyond that necessary to implement and administer programs and services existing July 1, 2006, as transferred to the department of early learning under section 501, chapter 265, Laws of 2006. The rule-making authority does not include any authority to set mandatory curriculum or establish what must be taught in child care centers or by family home providers.
It shall be the secretary's duty with regard to licensing under this chapter:
In consultation and with the advice and assistance of persons representative of the various type agencies to be licensed, to designate categories of child care facilities or outdoor locations for which separate or different requirements shall be developed as may be appropriate whether because of variations in the ages and other characteristics of the children served, variations in the purposes and services offered or size or structure of the agencies to be licensed, or because of any other factor relevant thereto;
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In consultation with the state fire marshal's office, the secretary shall use an interagency process to address health and safety requirements for child care programs that serve school-age children and are operated in buildings that contain public or private schools that safely serve children during times in which school is in session;
Any requirements in (a) of this subsection as they relate to the physical facility, including outdoor playgrounds, do not apply to before-school and after-school programs that serve only school-age children and operate in the same facilities used by public or private schools;
In consultation and with the advice and assistance of parents or guardians, and persons representative of the various type agencies to be licensed, to adopt and publish minimum requirements for licensing applicable to each of the various categories of agencies to be licensed under this chapter;
In consultation with law enforcement personnel, the secretary shall investigate the conviction record or pending charges of each agency and its staff seeking licensure or relicensure, and other persons having unsupervised access to children in child care;
To satisfy the shared background check requirements provided for in RCW 43.216.270 and 43.20A.710, the department of children, youth, and families and the department of social and health services shall share federal fingerprint-based background check results as permitted under the law. The purpose of this provision is to allow both departments to fulfill their joint background check responsibility of checking any individual who may have unsupervised access to vulnerable adults, children, or juveniles. Neither department may share the federal background check results with any other state agency or person;
To issue, revoke, or deny licenses to agencies pursuant to this chapter. Licenses shall specify the category of child care that an agency is authorized to render and the ages and number of children to be served;
To prescribe the procedures and the form and contents of reports necessary for the administration of this chapter and to require regular reports from each licensee;
To inspect agencies periodically to determine whether or not there is compliance with this chapter and the requirements adopted under this chapter;
To require health and safety training and make any early childhood education certificates optional;
To review requirements adopted under this chapter at least every two years and to adopt appropriate changes after consultation with affected groups for child care requirements; and
To consult with public and private agencies in order to help them improve their methods and facilities for the care and early learning of children.
No later than November 1, 2026, the department shall implement a single set of licensing standards for child care and the early childhood education and assistance program. The department shall produce the single set of licensing standards within the department's available appropriations. The new licensing standards must:
Provide minimum licensing requirements for child care and preschool programs;
Limit licensing requirements for child care to protecting the health and safety of children in accordance with subsection (2) of this section;
Take into account the separate needs of family home providers, outdoor nature-based child care providers, and child care centers; and
Promote the continued safety of child care settings.
The department must analyze the licensing standards with requirements related to: Indoor and outdoor square footage; physical space, furnishings, equipment, and room arrangement; staff-to-child ratios; and group sizes. The department must lessen these requirements to the minimum needed to protect the health and safety of children.
Private schools that operate early learning programs and do not receive state subsidy payments shall be subject to the health and safety requirements under chapter 28A.195 RCW and the requirements necessary to assure a sufficient early childhood education to meet usual requirements needed for transition into elementary school. The state, and any agency thereof, shall not restrict or dictate any specific educational or other programs for early learning programs operated by private schools except for programs that receive state subsidy payments.
The department, in collaboration with tribal governments and community and statewide partners, shall implement a quality rating and improvement system, called the early achievers program. The early achievers program provides a foundation of quality for the early care and education system. The early achievers program is voluntary for licensed or certified child care centers, family home child care, outdoor nature-based child care, and early learning programs such as working connections child care and early childhood education and assistance programs.
The objectives of the early achievers program are to:
Improve short-term and long-term educational outcomes for children as measured by assessments including, but not limited to, the Washington kindergarten inventory of developing skills in RCW 28A.655.080;
Give parents clear and easily accessible information about the quality of child care and early education programs;
Support improvement in early learning and child care programs throughout the state;
Increase the readiness of children for school;
Close the disparities in access to quality care;
Provide professional development and coaching opportunities to early child care and education providers; and
Establish a common set of expectations and standards that define, measure, and improve the quality of early learning and child care settings.
3.
Participation in the early achievers program is voluntary
.
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There are five primary levels in the early achievers program.
In addition to the primary levels, the department must establish an intermediate level that is between level 3 and level 4 and serves to assist participants in transitioning to level 4.
Participants are expected to actively engage and continually advance within the program.
The department has the authority to determine the rating cycle for the early achievers program. The department shall streamline and eliminate duplication between early achievers standards and state child care rules in order to reduce costs associated with the early achievers rating cycle and child care licensing.
Early achievers program participants may request to be rated at any time after the completion of all level 2 activities.
The department shall provide an early achievers program participant an update on the participant's progress toward completing level 2 activities after the participant has been enrolled in the early achievers program for 15 months.
The first rating is free for early achievers program participants.
Each subsequent rating within the established rating cycle is free for early achievers program participants.
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Early achievers program participants may request to be rerated outside the established rating cycle. A rerating shall reset the rating cycle timeline for participants.
The department may charge a fee for optional rerating requests made by program participants that are outside the established rating cycle.
Fees charged are based on, but may not exceed, the cost to the department for activities associated with the early achievers program.
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The department must create a single source of information for parents and caregivers to access details on a provider's early achievers program rating level, licensing history, and other indicators of quality and safety that will help parents and caregivers make informed choices. The licensing history that the department must provide for parents and caregivers pursuant to this subsection shall only include license suspension, surrender, revocation, denial, stayed suspension, or reinstatement. No unfounded child abuse or neglect reports may be provided to parents and caregivers pursuant to this subsection.
The department shall publish to the department's website, or offer a link on its website to, the following information:
Early achievers program rating levels 1 through 5 for all participating child care programs , early childhood education and assistance programs, and federal head start programs in Washington; and
New early achievers program ratings within 30 days after a program receives a rating.
The early achievers program rating levels shall be published in a manner that is easily accessible to parents and caregivers and takes into account the linguistic needs of parents and caregivers.
d.
Early achievers program participants who have published rating levels on the department's website or on a link on the department's website may include a brief description of their program, contingent upon the review and approval by the department, as determined by established marketing standards.
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The department shall create a professional development pathway for early achievers program participants to obtain a high school diploma or equivalency or higher education credential in early childhood education, early childhood studies, child development, or an academic field related to early care and education.
The professional development pathway must include opportunities for scholarships and grants to assist early achievers program participants with the costs associated with obtaining an educational degree.
The department shall address cultural and linguistic diversity when developing the professional development pathway.
The early achievers quality improvement awards shall be reserved for participants offering programs to an enrollment population consisting of at least five percent of children receiving a state subsidy.
10.
a. The department shall accept national accreditation that meets the requirements of this subsection (10) as a qualification for the early achievers program ratings.
b. Each national accreditation agency will be allowed to submit its most current standards of accreditation to establish potential credit earned in the early achievers program. The department shall grant credit to accreditation bodies that can demonstrate that their standards meet or exceed the current early achievers program standards.
c. Licensed child care centers, child care home providers, and outdoor nature-based child care must meet national accreditation standards approved by the department for the early achievers program in order to be granted credit for the early achievers program standards. Eligibility for the early achievers program is not subject to bargaining, mediation, or interest arbitration under RCW 41.56.028, consistent with the legislative reservation of rights under RCW 41.56.028(4)(d).
The department shall explore the use of alternative quality assessment tools that meet the culturally specific needs of the federally recognized tribes in the state of Washington.
A child care or early learning program that is operated by a federally recognized tribe and receives state funds may participate in the early achievers program. The tribe may choose to participate through an interlocal agreement between the tribe and the department. The interlocal agreement must reflect the government-to-government relationship between the state and the tribe, including recognition of tribal sovereignty. The interlocal agreement must provide that:
Tribal child care facilities and early learning programs may volunteer, but are not required, to be licensed by the department;
Tribal child care facilities and early learning programs are not required to have their early achievers program rating level published to the department's website or through a link on the department's website; and
Tribal child care facilities and early learning programs must provide notification to parents or guardians who apply for or have been admitted into their program that early achievers program rating level information is available and provide the parents or guardians with the program's early achievers program rating level upon request.
The department shall consult with the early achievers review subcommittee on all substantial policy changes to the early achievers program.
Nothing in this section changes the department's responsibility to collectively bargain over mandatory subjects or limits the legislature's authority to make programmatic modifications to licensed child care and early learning programs under RCW 41.56.028(4)(d).
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The department shall, in collaboration with tribal governments and community and statewide partners, implement a protocol to maximize and encourage participation in the early achievers program for culturally diverse and low-income center, family home, and outdoor nature-based child care providers. Amounts appropriated for the encouragement of culturally diverse and low-income center, family home, and outdoor nature-based child care provider participation shall be appropriated separately from the other funds appropriated for the department, are the only funds that may be used for the protocol, and may not be used for any other purposes. Funds appropriated for the protocol shall be considered an ongoing program for purposes of future departmental budget requests.
The department shall prioritize the resources authorized in this section to assist providers in the early achievers program to help them reach a rating of level 3 or higher .
The protocol should address barriers to early achievers program participation and include at a minimum the following:
The creation of a substitute pool;
The development of needs-based grants for providers in the early achievers program who demonstrate a need for assistance to improve program quality. Needs-based grants may be used for environmental improvements of early learning facilities; purchasing curriculum development, instructional materials, supplies, and equipment; and focused infant-toddler improvements. Priority for the needs-based grants shall be given to culturally diverse and low-income providers;
The development of materials and assessments in a timely manner, and to the extent feasible, in the provider and family home languages; and
The development of flexibility in technical assistance and coaching structures to provide differentiated types and amounts of support to providers based on individual need and cultural context.
1.
a. Beginning December 1, 2020, the department, in collaboration with the statewide child care resource and referral network, shall make available on its public website, in a consumer-friendly format, the following elements:
i. The number, and relative percentage, of family child care and center child care providers who have enrolled in the early achievers program and who have
submitted their request for on-site evaluation and are waiting to be rated
;
ii. The distribution of early childhood education and assistance program programming by school district; and
iii. Indicators of supply and demand at the local level, as well as identification of regions or areas in which there are insufficient numbers of child care facilities using nationally developed methodology.
b. The elements required to be made available under (a)(i) of this subsection (1) must be made available at the county level, and for those counties with a population of 500,000 and higher, the data must be reported at the zip code level.
c. To the extent data are available, the elements required to be reported under (a)(ii) and (iii) of this subsection (1) must be updated at a minimum of a quarterly basis on the department's public website.
d. If in any individual state fiscal year, based on information reported in (a)(ii) and (iii) of this subsection (1), 15 percent or more of the licensed or contracted providers who are participating in the early achievers program in a county or in a single zip code have not achieved the rating levels under RCW 43.216.135 , the department must:
i. Analyze the reasons providers in the affected counties or zip codes have not attained the rating levels; and
ii. Develop a plan to mitigate the effect on the children and families served by these providers. The plan must be submitted to the legislature by November 1st of the year following the state fiscal year in question, along with any recommendations for legislative action to address the needs of the providers and the children and families they serve.
Beginning September 15, 2021, and each odd-numbered year thereafter, the department shall submit a report to the governor and the legislature outlining the availability and quality of services available to early learning providers and children from diverse racial, ethnic, and cultural backgrounds and from low-income neighborhoods and communities. The report must include the following elements:
To the extent data is available, an analysis of the racial, ethnic, and linguistic diversity of early childhood education and assistance program providers and participants, and the providers and participants of working connections child care;
A review of the services available to providers and children from diverse racial, ethnic, and cultural backgrounds;
An examination of the effectiveness of efforts to increase and maintain successful participation by providers serving children and families from diverse racial, ethnic, and linguistic backgrounds and providers who serve children from low-income households;
To the extent data is available, the distribution of early achievers program-rated facilities by child and provider demographics, including but not limited to race and ethnicity, home language, and geographical location;
Recommendations for improving and maintaining access for children from diverse racial, ethnic, and cultural backgrounds to providers rated at a level 3 or higher in the early achievers program;
Recommendations to address any identified barriers to access to high quality preschool for children living in low-income neighborhoods;
An examination of expulsion rates of children from diverse racial, ethnic, and diverse cultural backgrounds and from low-income neighborhoods and communities; and
An analysis of how early learning providers and families from diverse racial, ethnic, and cultural backgrounds and from low-income neighborhoods and communities have influenced or participated in the department's early learning plans and implementation strategies.
Beginning September 15, 2022, and each even-numbered year thereafter, the department shall submit a report to the governor and the legislature on the availability of supports to providers and their effectiveness at improving quality. The report must include the following elements:
An analysis of the effectiveness of recruitment efforts for new and returning high quality early learning providers and programs;
An analysis of the effectiveness of quality improvement tools and incentives on the retention and quality improvement of early learning professionals;
An analysis of the supply of high quality subsidized early learning. This analysis must include:
An examination of the trend in supply of early learning providers and workers;
A description of the primary obstacles and challenges faced by providers ;
The number, and relative percentage, of family child care and center providers who have enrolled in the early achievers program and who have:
(A) Not achieved the desired rating level initially but qualified for and are working through intensive targeted support in preparation for a partial rerate outside the standard rating cycle;
(B) Not achieved the desired rating level initially and engaged in remedial activities before successfully achieving the desired rating level; or
(C) Not achieved the desired rating level after completing remedial activities
; and
iv. Recommendations for improving retention and reducing barriers to entry for early learning providers;
d. The average amount of time required for providers to achieve local level milestones within each level of the early achievers program;
e.
An analysis of the availability and quality of infant and toddler care; and
f. An examination of any identified barriers that discourage providers from offering extended day early care and education opportunities.
The department shall administer or contract for infant and early childhood mental health consultation services to child care providers and early learning providers participating in the early achievers program.
Beginning July 1, 2021, the department of children, youth, and families must have or contract for one infant and early childhood mental health consultation coordinator and must enter into a contractual agreement with an organization providing coaching services to early achievers program participants to hire at least 12 qualified infant and early childhood mental health consultants. The department shall determine, in collaboration with the statewide child care resource and referral network, where the additional consultants should be sited based on factors such as the total provider numbers overlaid with indicators of highest need. The infant and early childhood mental health consultants must support early achievers program coaches and all certified and licensed child care providers, regardless of early achievers participation or rating level, by providing resources, information, and guidance regarding challenging behavior and expulsions . Mental health consultants may travel to assist providers in serving families and children with severe behavioral needs.
The department shall provide, or contract with an entity to provide, reflective supervision and professional development for infant and early childhood mental health consultants to meet national competency standards.
As capacity allows, the department may provide access to infant and early childhood mental health consultation services to caregivers and licensed or certified, military, and tribal early learning providers, license-exempt family, friend, and neighbor care providers, and families with children expelled or at risk of expulsion from child care.
The department shall adopt core competencies for early care and education professionals and incorporate the core competencies into the quality rating and improvement system. The purpose of the core competencies is to serve as a foundation for what early care and education professionals who are voluntary participants in the quality rating and improvement system need to know and do to provide quality care for children. The core competencies must be reviewed and updated every five years. The department may not apply the core competencies to licensing standards.
1.
The department shall implement tiered reimbursement for early achievers program participants in the working connections child care program rating at level 3, 4, or 5.
Approved early childhood education and assistance programs shall receive state-funded support through the department. Public or private organizations including, but not limited to, school districts, educational service districts, community and technical colleges, local governments, or nonprofit organizations, are eligible to participate as providers of the state early childhood education and assistance program.
Funds obtained by providers through voluntary grants or contributions from individuals, agencies, corporations, or organizations may be used to expand or enhance preschool programs so long as program standards established by the department are maintained.
Persons applying to conduct the early childhood education and assistance program shall identify targeted groups and the number of children to be served, program components, the qualifications of instructional and special staff, the source and amount of grants or contributions from sources other than state funds, facilities and equipment support, and transportation and personal care arrangements.
4.
a. An early childhood education and assistance program provider may choose to participate and be rated in the early achievers program.
b. When an early childhood education and assistance program in good standing changes classroom locations to a comparable or improved space within the same facility, or to a comparable or improved outdoor location for an outdoor nature-based child care, a rerating is not required outside of the regular rerating and renewal cycle.
c. When an early childhood education and assistance program in good standing moves to a new facility, or to a new outdoor location for an outdoor nature-based child care, the provider must notify the department of the move within six months of changing locations in order to retain their existing rating. The early achievers program must conduct an observational visit to ensure the new classroom space is of comparable or improved environmental quality. If a provider fails to notify the department within six months of a move, the early achievers rating must be changed from the posted rated level to "Participating, Not Yet Rated."
The department shall collect data periodically to determine the demand for full-day programming for early childhood education and assistance program providers. The department shall analyze this demand by geographic region and shall include the findings in the annual report required under RCW 43.216.089.
The department shall develop multiple pathways for licensed or certified child care centers and homes to administer an early childhood education and assistance program. The pathways shall include an accommodation for these providers to rate at a level 4 or 5 in the early achievers program . The department must consider using the intermediate level that is between level 3 and level 4 as described in RCW 43.216.085, incentives, and front-end funding in order to encourage providers to participate in the pathway.
An early learning program to provide voluntary preschool opportunities for children ages three to five years old who are not age-eligible for kindergarten shall be implemented according to the funding and implementation plan in RCW 43.216.556. The program must offer a comprehensive program of early childhood education and family support, including parental involvement and health information, screening, and referral services, based on family need. Participation in the program is voluntary. On a space available basis, the program may allow enrollment of children who are not otherwise eligible by assessing a fee.
The program shall be implemented by utilizing the program standards and eligibility criteria in the early childhood education and assistance program in RCW 43.216.500 through 43.216.550.
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The program implementation in this section shall prioritize early childhood education and assistance programs located in low-income neighborhoods within high-need geographical areas.
Following the priority in (a) of this subsection, preference shall be given to programs meeting at least one of the following characteristics:
Programs offering an extended day program for early care and education;
Programs offering services to children diagnosed with a special need; or
Programs offering services to children involved in the child welfare system.
The secretary shall adopt rules for the following program components, as appropriate and necessary during the phased implementation of the program:
Minimum program standards;
Approval of program providers; and
Accountability and adherence to performance standards.
The department has administrative responsibility for:
Approving and contracting with providers according to rules developed by the secretary under this section;
In partnership with school districts, monitoring program quality and assuring the program is responsive to the needs of eligible children;
Assuring that program providers work cooperatively with school districts to coordinate the transition from preschool to kindergarten so that children and their families are well-prepared and supported; and
Providing technical assistance to contracted providers.
Within resources available under the federal preschool development grant birth to five grant award received in December 2018, the department shall develop a plan for phased implementation of a birth to three early childhood education and assistance program pilot project for eligible children under 36 months old. Funds to implement the pilot project may include a combination of federal, state, or private sources.
The department may adopt rules to implement the pilot project and may waive or adapt early childhood education and assistance program requirements when necessary to allow for the operation of the birth to three early childhood education and assistance program. The department shall consider early head start rules and regulations when developing the provider and family eligibility requirements and program requirements. Any deviations from early head start standards, rules, or regulations must be identified and explained by the department in its annual report under subsection (6) of this section.
Upon securing adequate funds to begin implementation, the pilot project programs must be delivered through child care centers and family home providers who meet minimum licensing standards
.
When selecting pilot project locations for service delivery, the department may allow each pilot project location to have up to three classrooms per location. When selecting and approving pilot project locations, the department shall attempt to select a combination of rural, urban, and suburban locations. The department shall prioritize locations with programs currently operating early head start, head start, or the early childhood education and assistance program.
Until November 1, 2024, to be eligible for the birth to three early childhood education and assistance program, a child's family income must be at or below 130 percent of the federal poverty level and the child must be under 36 months old. Beginning November 1, 2024, to be eligible for the birth to three early childhood education and assistance program, a child must be under 36 months old and either:
From a family with a household income at or below 130 percent of the federal poverty level; or
A member of an assistance unit that is eligible for or is receiving basic food benefits under the federal supplemental nutrition assistance program or the state food assistance program.
Beginning November 1, 2020, and each November 1st thereafter during pilot project activity, the department shall submit an annual report to the governor and legislature that includes a status update that describes the planning work completed, the status of funds secured, and any implementation activities of the pilot project. Implementation activity reports must include a description of the participating programs and number of children and families served.
Subject to the availability of amounts appropriated for this specific purpose, the department shall administer a birth to three early childhood education and assistance program for eligible children under 36 months old. Funds to implement the program may include a combination of federal, state, or private sources.
The department may adopt rules to implement the program and may waive or adapt early childhood education and assistance program requirements when necessary to allow for the operation of the birth to three early childhood education and assistance program. The department shall consider early head start rules and regulations when developing the provider and family eligibility requirements and program requirements.
The birth to three early childhood education and assistance program must be delivered through child care centers and family home providers who meet minimum licensing standards
.
To be eligible for the birth to three early childhood education and assistance program, a child must be under 36 months old and either:
From a family with a household income at or below 50 percent of the state median income; or
A member of an assistance unit that is eligible for or is receiving basic food benefits under the federal supplemental nutrition assistance program or the state food assistance program.
The department shall establish a licensed outdoor nature-based child care program.
The department shall adopt rules to implement the outdoor nature-based child care program and may waive or adapt licensing requirements when necessary to allow for the operation of outdoor classrooms.
Outdoor nature-based child care programs may choose to participate in the early achievers program to assess quality in the outdoor learning environment.
A child care or early learning program operated by a federally recognized tribe may participate in the outdoor nature-based child care program through an interlocal agreement between the tribe and the department. The interlocal agreement must reflect the government-to-government relationship between the state and the tribe, including recognition of tribal sovereignty.
Subject to the availability of funds, the department may convene an advisory group of outdoor, nature-based early learning practitioners to inform and support implementation of the outdoor nature-based child care program.
Organizations eligible to receive funding from the early learning facilities grant and loan program include:
Early childhood education and assistance program providers;
Working connections child care providers who are eligible to receive state subsidies;
Licensed early learning centers not currently participating in the early childhood education and assistance program, but intending to do so;
Developers of housing and community facilities;
Community and technical colleges;
Educational service districts;
Local governments;
Federally recognized tribes in the state; and
To be eligible to receive funding from the early learning facilities grant and loan program for activities described in RCW 43.31.577 (1) (b), (c), and (d) and (2), eligible organizations and school districts must
demonstrate that projects receiving construction, purchase, or renovation grants or loans must also:
a. Demonstrate that the project site is under the applicant's control for a minimum of 10 years, either through ownership or a long-term lease; and
b. Commit to using the facility funded by the grant or loan for the purposes of providing preschool or child care for a minimum of 10 years.
3.
a. As long as an eligible organization continues to provide an early learning program in the facilityand the facility is used as authorized, the grant repayment is waived.
b. The department, in consultation with the department of children, youth, and families, may adopt rules to implement this section.
.
The family assessment response worker shall, when appropriate, provide referrals to certified and licensed child care and early learning programs.
Prior to closing the family assessment response case, the family assessment response worker must, when appropriate, discuss child care and early learning services with the child's parent or caregiver.
If the family plans to use child care or early learning services, the family assessment response worker must work with the family to facilitate enrollment.
Except as provided in subsections (2) and (3) of this section, no county or city may enact, enforce, or maintain an ordinance, development regulation, zoning regulation, or official control, policy, or administrative practice that prohibits the use of a residential dwelling, located in an area zoned for residential or commercial use or schools, as a family daycare provider's home facility.
A county or city may require that the facility: (a) Comply with all building, fire, safety, health code, and business licensing requirements; (b) conform to lot size, building size, setbacks, and lot coverage standards applicable to the zoning district except if the structure is a legal nonconforming structure; (c) is certified by the department of children, youth, and families licensor as providing a safe passenger loading area; (d) include signage, if any, that conforms to applicable regulations; and (e) limit hours of operations to facilitate neighborhood compatibility, while also providing appropriate opportunity for persons who use family daycare and who work a nonstandard work shift.
A county or city may also require that the family daycare provider, before state licensing, require proof of written notification by the provider that the immediately adjoining property owners have been informed of the intent to locate and maintain such a facility. If a dispute arises between neighbors and the family daycare provider over licensing requirements, the licensor may provide a forum to resolve the dispute.
Nothing in this section shall be construed to prohibit a county or city from imposing zoning conditions on the establishment and maintenance of a family daycare provider's home in an area zoned for residential or commercial use or schools, so long as such conditions are no more restrictive than conditions imposed on other residential dwellings in the same zone and the establishment of such facilities is not precluded. As used in this section, "family daycare provider" is as defined in RCW 43.216.010.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
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The department of children, youth, and families is created as an executive branch agency. The department is vested with all powers and duties transferred to it under chapter 6, Laws of 2017 3rd sp. sess. and such other powers and duties as may be authorized by law. The vision for the department is that Washington state's children and youth grow up safe and healthythriving physically, emotionally, and academically, nurtured by family and community.
The department, in partnership with state and local agencies, tribes, and communities, shall protect children and youth from harm and promote healthy development with effective, high quality prevention, intervention, and early education services delivered in an equitable manner. An important role for the department shall be to provide preventative services to help secure and preserve families in crisis. The department shall partner with the federally recognized Indian tribes to develop effective services for youth and families while respecting the sovereignty of those tribes and the government-to-government relationship. Nothing in chapter 6, Laws of 2017 3rd sp. sess. alters the duties, requirements, and policies of the federal Indian child welfare act, 25 U.S.C. Secs. 1901 through 1963, as amended, or the Indian child welfare act, chapter 13.38 RCW.
Beginning July 1, 2018, the department must develop definitions for, work plans to address, and metrics to measure the outcomes for children, youth, and families served by the department and must work with state agencies to ensure services for children, youth, and families are science-based, outcome-driven, data-informed, and collaborative.
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Beginning July 1, 2018, the department must establish short and long-term population level outcome measure goals, including metrics regarding reducing disparities by family income, race, and ethnicity in each outcome.
In addition to transparent, frequent reporting of the outcome measures in (c)(i) through (viii) of this subsection, the department must report to the legislature an examination of engagement, resource utilization, and outcomes for clients receiving department services and youth participating in juvenile court alternative programs funded by the department, no less than annually and beginning September 1, 2020. The data in this report must be disaggregated by race, ethnicity, and geography. This report must identify areas of focus to advance equity that will inform department strategies so that all children, youth, and families are thriving. Metrics detailing progress towards eliminating disparities and disproportionality over time must also be included. The report must also include information on department outcome measures, actions taken, progress toward these goals, and plans for the future year.
The outcome measures must include, but are not limited to:
Improving child development and school readiness through voluntary, high quality early learning opportunities as measured by: (A) Increasing the number and proportion of children kindergarten-ready as measured by the Washington kindergarten inventory of developing skills (WAKids) assessment including mathematics; (B) increasing the proportion of children in early learning programs that have achieved the level 3 or higher early achievers quality standard; and (C) increasing the available supply of licensed child care in child care centers, outdoor nature-based child care, and family homes, including providers not receiving state subsidy;
Preventing child abuse and neglect;
Improving child and youth safety, permanency, and well-being as measured by: (A) Reducing the number of children entering out-of-home care; (B) reducing a child's length of stay in out-of-home care; (C) reducing maltreatment of youth while in out-of-home care; (D) licensing more foster homes than there are children in foster care; (E) reducing the number of children that reenter out-of-home care within twelve months; (F) increasing the stability of placements for children in out-of-home care; and (G) developing strategies to demonstrate to foster families that their service and involvement is highly valued by the department, as demonstrated by the development of strategies to consult with foster families regarding future placement of a foster child currently placed with a foster family;
Improving reconciliation of children and youth with their families as measured by: (A) Increasing family reunification; and (B) increasing the number of youth who are reunified with their family of origin;
In collaboration with county juvenile justice programs, improving adolescent outcomes including reducing multisystem involvement and homelessness; and increasing school graduation rates and successful transitions to adulthood for youth involved in the child welfare and juvenile justice systems;
Reducing future demand for mental health and substance use disorder treatment for youth involved in the child welfare and juvenile justice systems;
In collaboration with county juvenile justice programs, reducing criminal justice involvement and recidivism as measured by: (A) An increase in the number of youth who successfully complete the terms of diversion or alternative sentencing options; (B) a decrease in the number of youth who commit subsequent crimes; and (C) eliminating the discharge of youth from institutional settings into homelessness; and
Eliminating racial and ethnic disproportionality and disparities in system involvement and across child and youth outcomes in collaboration with other state agencies.
Beginning July 1, 2018, the department must:
Lead ongoing collaborative work to minimize or eliminate systemic barriers to effective, integrated services in collaboration with state agencies serving children, youth, and families;
Identify necessary improvements and updates to statutes relevant to their responsibilities and proposing legislative changes to the governor no less than biennially;
Help create a data-focused environment in which there are aligned outcomes and shared accountability for achieving those outcomes, with shared, real-time data that is accessible to authorized persons interacting with the family, child, or youth to identify what is needed and which services would be effective;
Lead the provision of state services to adolescents, focusing on key transition points for youth, including exiting foster care and institutions, and coordinating with the office of homeless youth prevention and protection programs to address the unique needs of homeless youth; and
Create and annually update a list of the rights and responsibilities of foster parents in partnership with foster parent representatives. The list of foster parent rights and responsibilities must be posted on the department's website, provided to individuals participating in a foster parent orientation before licensure, provided to foster parents in writing at the time of licensure, and provided to foster parents applying for license renewal.
The department is accountable to the public. To ensure transparency, beginning December 30, 2018, agency performance data for the services provided by the department, including outcome data for contracted services, must be available to the public, consistent with confidentiality laws, federal protections, and individual rights to privacy. Publicly available data must include budget and funding decisions, performance-based contracting data, including data for contracted services, and performance data on metrics identified in this section. The board must work with the secretary and director to develop the most effective and cost-efficient ways to make department data available to the public, including making this data readily available on the department's website.
The department shall ensure that all new and renewed contracts for services are performance-based.
The department must execute all new and renewed contracts for services in accordance with this section and consistent with RCW 74.13B.020. When contracted services are managed through a network administrator or other third party, the department must execute data-sharing agreements with the entities managing the contracts to track provider performance measures. Contracts with network administrators or other third parties must provide the contract administrator the ability to shift resources from one provider to another, to evaluate individual provider performance, to add or delete services in consultation with the department, and to reinvest savings from increased efficiencies into new or improved services in their catchment area. Whenever possible, contractor performance data must be made available to the public, consistent with confidentiality laws and individual rights to privacy.
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The board shall begin its work and call the first meeting of the board on or after July 1, 2018. The board shall immediately assume the duties of the legislative children's oversight committee, as provided for in RCW 74.13.570 and assume the full functions of the board as provided for in this section by July 1, 2019. The office of innovation, alignment, and accountability shall provide quarterly updates regarding the implementation of the department to the board between July 1, 2018, and July 1, 2019.
The office of the family and children's ombuds shall establish the board. The board is authorized for the purpose of monitoring and ensuring that the department achieves the stated outcomes of chapter 6, Laws of 2017 3rd sp. sess., and complies with administrative acts, relevant statutes, rules, and policies pertaining to early learning, juvenile rehabilitation, juvenile justice, and children and family services.
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The board shall consist of the following members:
Two senators and two representatives from the legislature with one member from each major caucus;
One nonvoting representative from the governor's office;
One subject matter expert in early learning;
One subject matter expert in child welfare;
One subject matter expert in juvenile rehabilitation and justice;
One subject matter expert in eliminating disparities in child outcomes by family income and race and ethnicity;
One tribal representative from west of the crest of the Cascade mountains;
One tribal representative from east of the crest of the Cascade mountains;
ix. One current or former foster parent representative;
One parent stakeholder group representative;
One law enforcement representative;
One child welfare caseworker representative;
One early childhood learning program implementation practitioner;
One current or former foster youth under age twenty-five;
One individual under age twenty-five with current or previous experience with the juvenile justice system;
One physician with experience working with children or youth; and
One judicial representative presiding over child welfare court proceedings or other children's matters.
The senate members of the board shall be appointed by the leaders of the two major caucuses of the senate. The house of representatives members of the board shall be appointed by the leaders of the two major caucuses of the house of representatives. Members shall be appointed before the close of each regular session of the legislature during an odd-numbered year.
The remaining board members shall be nominated by the governor, subject to the approval of the appointed legislators by majority vote, and serve four-year terms. When nominating and approving members after July 28, 2019, the governor and appointed legislators must ensure that at least five of the board members reside east of the crest of the Cascade mountains.
The board has the following powers, which may be exercised by majority vote of the board:
To receive reports of the office of the family and children's ombuds;
To obtain access to all relevant records in the possession of the office of the family and children's ombuds, except as prohibited by law;
To select its officers and adoption of rules for orderly procedure;
To request investigations by the office of the family and children's ombuds of administrative acts;
To request and receive information, outcome data, documents, materials, and records from the department relating to children and family welfare, juvenile rehabilitation, juvenile justice, and early learning;
To determine whether the department is achieving the performance measures;
g.
To conduct annual reviews of a sample of department contracts for services from a variety of program and service areas to ensure that those contracts are performance-based and to assess the measures included in each contract; and
h. Upon receipt of records or data from the office of the family and children's ombuds or the department, the board is subject to the same confidentiality restrictions as the office of the family and children's ombuds is under RCW 43.06A.050. The provisions of RCW 43.06A.060 also apply to the board.
The board has general oversight over the performance and policies of the department and shall provide advice and input to the department and the governor.
The board must no less than twice per year convene stakeholder meetings to allow feedback to the board regarding contracting with the department, departmental use of local, state, private, and federal funds, and other matters as relating to carrying out the duties of the department.
The board shall review existing surveys of providers, customers, parent groups, and external services to assess whether the department is effectively delivering services, and shall conduct additional surveys as needed to assess whether the department is effectively delivering services.
The board is subject to the open public meetings act, chapter 42.30 RCW, except to the extent disclosure of records or information is otherwise confidential under state or federal law.
Records or information received by the board is confidential to the extent permitted by state or federal law. This subsection does not create an exception for records covered by RCW 13.50.100.
The board members shall receive no compensation for their service on the board, but shall be reimbursed for travel expenses incurred while conducting business of the board when authorized by the board and within resources allocated for this purpose, except appointed legislators who shall be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.
The board shall select, by majority vote, an executive director who shall be the chief administrative officer of the board and shall be responsible for carrying out the policies adopted by the board. The executive director is exempt from the provisions of the state civil service law, chapter 41.06 RCW, and shall serve at the pleasure of the board established in this section.
The board shall maintain a staff not to exceed one full-time equivalent employee. The board-selected executive director of the board is responsible for coordinating staff appointments.
The board shall issue an annual report to the governor and legislature by December 1st of each year with an initial report delivered by December 1, 2019. The report must review the department's progress towards meeting stated performance measures and desired performance outcomes, and must also include a review of the department's strategic plan, policies, and rules.
The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
"Board" means the oversight board for children, youth, and families established in subsection (8) of this section.
"Director" means the director of the office of innovation, alignment, and accountability.
"Performance-based contract" means results-oriented contracting that focuses on the quality or outcomes that tie at least a portion of the contractor's payment, contract extensions, or contract renewals to the achievement of specific measurable performance standards and requirements.
Section 13 of this act expires July 1, 2026.
Section 14 of this act takes effect July 1, 2026.